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SECRETHNOFORN
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
INRE: GUANTANAMO BAY DETAINEE LITIGATION
) ) ) ) ) ) )
Misc. No. 08-442 (TFH)
Civil Action No. 05-CV-1347 (GK)
--------------------)
AMENDED FACTUAL RETURN
SECRET/I~OFORN
•
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8ECRETiA>IOFORl'1
Respondents hereby submit, as explained herein, an amended factual return pertaining to
the petitioner identified as the subject of the attached Narrative. This amended return is intended
to supersede the material contained in any previously filed return, except for the fact that
petitioner was previously determined by a Combatant Status Review Tribunal to be an enemy
combatant.
This amended return sets forth factual bases' supporting petitioner's lawful, ongoing
detention pursuant to the Authorization for the Use of Military Force and (he President's power
as Commander in Chief.
Dated: November 26,2008 Respectfully submitted,
GREGORY G. KA TSAS Assistant Attorney General
JOHN C. O'QUINN Deputy Assistant Attorney General
, Respondents reserve the right to seek leave to further supplement the record with additional factual bases supporting petitioner's detention, as necessary.
SECRETh'i"OFOR]~
•
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 3 of 27
•
8 ECRETIiI'l OFORI'l
JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY PAUL AHERN SCOTT D. LEV1N Attorneys' United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: 202.306·9193 Fax: 202.305·2685
Attorneys for Respondents
SECRETIIl'!OFOfL"l
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 4 of 27
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
INRE: GUANTANAMO BAY DETAINEE LITIGATION
) ) ) ) ) ) )
--------------------)
Misc. No. 08-442 (TFH)
Civil Action No. 05-CV-1347 (GK)
DECLARATION OF REAR ADMIRAL DA VID THOMAS
•
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 5 of 27
Declaration or Rear AdmirEl David M, Thomas, Jr.
Pursuant to 28 U,S,C, § J 746, L David M, Thomas, Jr .. hereby declare
under penalty ofpejury under the Ji:\WS of the United States of America that to thr; best of
my knowledge, information, and belief, the following is true. accurate, and correct:
I am a Rear Admiral in the United States Navy, with 31 years of active duty
service, J currently serve as Commander, Joint Task Force-Guantanamo (.ITF-GTMO), at
Guantanamo Bay, Cuba, I have held this position since 27 Mal' 2008, As such, I am
directly responsible for the successful execution ofthe JTF-GTMO mission to conduct
detention and interrogation operations in support orthe Global War on Terrorism.
coordinate and implement detaine.c screening operations. and support law enforcement
and war crimes investigations.
The attached narrative and supporting materials Irom tiles of the Department of
Defense or other government agencies contain information used by the Department (11'
Defense to establish the status of the individual who is the subject of the narrative as an
enemy combatant and to substantiate their detention aR an enemy combatant at
Guantanamo Bay, Cuba,
Dated:
•
(2J4.(JL(. DA VlD M, THOMAS, JR. Rear Admiral, U ,S, Navy
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 6 of 27
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
FARI·II SAEED BIN MOHAMMED,
Petitioner,
v. Civil Action No. 05-CV-1347 (GK)
GEORGE WALKER BUSH, et al.,
Respondents.
NARRATIVE FOR FARHI SAEED BIN MOHAMMED, ISN 311
Introduction
I. Farhi Saeed Bin Mohammed (Farhi), an-=itizen, used his fraudulent
French passport, along with a fraudulent Pakistani visa provided by a member of the Finsbury
Park Mosque in London, to travel from England to an Algerian guesthouse in Jalalabad,
Afghanistan.
-The petitioner is thus lawfully subject to detention as an enemy
combatant, pursuant to, inter alia, the President's power as Commander in Chief and the
Authorization for the Use of Military Force.
2. The factual basis for petitioner's detention is supported by numerous source
documents cited herein and attached hereto. In assessing whether Farhi is an enemy combatant,
the United States has relied upon interviews of him and others conducted by law enforcement
and intelligence personnel, as well as upon information derived from other intelligence sources
and methods. Information received from these sources is commonly reproduced in reports
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 7 of 27
created by the collecting officer. These reports and intelligence products are routinely relied
upon by military or intelligence personnel in making decisions to act upon threats to our national
security. See Declaration Intellilgel~ce Dec!.); Declaration of
Robert H. Holmes (Holmes Dec!.).
4. As with all detained enemy combatants at Guantanamo Bay, Cuba, Farhi has been
assigned an Internment Serial Number or ISN. The ISN is an administrative code assigned to
military detainees. Farhi's full ISN is~00311.n which the number "311" is Farhi's
unique identifier and the 'Designation indicates that he is a national of_ Source
documents attached as Exhibits to this narrative may refer to Farhi by name, full ISN, or various
short forms, such as .000311" or "ISN 311." Likewise, other military detainees may be
referred to in source documents and this summary by name or various forms of ISN.
5. The following narrative and attached materials set forth factual bases supporting
Farhi's lawful detention. This narrative is not intended to be a complete explication of the
information in support of Far hi's detention in those documents.
6. As a preliminary matter, it is not uncommon for those engaged in terrorist
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 8 of 27
activities to use an alias or pseudonym, commonly known in Arabic as a kunya. Declaration of
l1'\11<"'" Decl.). In addition, these names and aliases are sometimes
spelled differently when transliterated to Latin characters. There are many transliterations of the
same names and aliases in the materials cited herein. This narrative does not attempt to delineate
every instance where the cited documents contain transliterations of the same name or alias.
Farhi is known by the following names and aliases: Abdullah, ISN (Oct. 29, 2004);
Saiid Farhi and Oliver Jean Christian Marie Joseph Bayart, ISN 311 FD-302 (Jun. 12,2002).
7. In addition to Farhi, this narrative cites to other individuals and third parties
whose names and aliases may be spelled or translated differently among the source documents
cited herein and attached hereto. Unless noted otherwise, this narrative cites to the version of the
name or alias that is detailed in that source. I
General Background
8. AI-Qaida (translated from Arabic as "the Base") was founded by Usama bin
Laden and others in or about 1989 for the purpose of opposing certain governments and officials
with force and violence. Nat'l Comm'n On Terrorist Attacks Upon The United States, The 9/11
Commission Report 56 (2004) ("9/11 Commission Report"). Usama bin Laden is recognized as
the Emir (prince or leader) of al-Qaida. Id. A purpose or goal of al-Qaida, as stated by Usama
bin Laden and other al-Qaida leaders, is to support violent attacks against property and nationals
(both military and civilian) of the United States and other countries. Id. at 59-61.
9. Between 1989 and 2001, al-Qaida established training camps, guesthouses, and
business operations in Afghanistan, Pakistan, and other countries for the purpose oftraining and
I Through the Department of Defense's administrative process, Petitioner has been approved for transfer to the custody of another sovereign, assuming an acceptable transfer agreement can be reached. This fact, however, has no bearing on the issue of whether Petitioner is lawfully detained by the United States.
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 9 of 27
supporting violent attacks against property and nationals (both military and civilian) of the
United States and other countries. Id. at 64-67.
10. In 1996, Usama bin Laden issued a public "Declaration of Jihad Against the
Americans." This declaration called for the murder of U.S. military personnel serving on the
Arabian Peninsula. ld. at 48.
11. In February 1998, Usama bin Laden and Ayman al Zawahiri (bin Laden's deputy)
issued afatwa (purported religious ruling) requiring all Muslims able to do so to kill Americans -
whether civilian or military - anywhere in the world. Id. at 47; see also Declaration of._ (AI-Qaida Dec!.).
12. Since 1989, members and associates ofal-Qaida, known and unknown, have
carried out numerous terrorist attacks, including, but not limited to: the attacks against the
American Embassies in Kenya and Tanzania in August 1998, which killed approximately 250
people, id. at 68-70; the attack against the USS Cole in October 2000, which killed 17 United
States Navy sailors, id. at 190-93; and the attacks on the United States on September II, 2001,
which killed approximately 3,000 people. Id. passim.
13. The Taliban (students ofIslamic knowledge) is an Islamic fundamentalist group
that was fonned in Afghanistan in 1994. The Taliban in Afghanistan, available at
www.cfr.org/publicationl10551. After two years of violent conflict that included the capture of
Kabul, Afghanistan's capital, the Taliban took control of Afghanistan's national government in
1996. 9111 Commission Report at 65. Although it was never formally recognized by the United
States, id. at 124, the Taliban controlled Afghanistan's national government from 1996 until the
United States-led military campaign ousted the Taliban from power in 2001. Id. at 337-38.
During the period in which the Taliban controlled Afghanistan's national government, it
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provided safe harbor and support to al-Qaida and Usama bin Laden. fd. at 64-67.
14. On September 18, 2001, following the attacks on the United States on September
11,2001, Congress adopted the Authorization for the Use of Military Force. 115 Stat. 224
(2001). Recognizing that the attacks of September II, 2001 "render it both necessary and
appropriate that the United States exercise its rights to self-defense and to protect United States
citizens at home and abroad," Congress authorized the President "to use all necessary and
appropriate force against those nations, organizations, or persons he determines planned,
authorized, committed, or aided the terrorist attacks that occurred on September 11,2001, or
harbored such organizations or persons, in order to prevent any future acts of international
terrorism against the United States by such nations, organizations or persons." Within weeks,
United States military forces were deployed in Afghanistan. 9/11 Commission Report at 337.
15. The United States led the initial aerial bombing campaign of Afghanistan, with
ground forces composed of United States forces and Afghanistan militia opposed to the Taliban,
including the Northern Alliance. The Northern Alliance is an association of Afghan groups
opposed to the Taliban. The Northern AlIiance has assisted the United States in its military
campaign in Afghanistan to defeat al-Qaida and the Taliban. 1d. at 330-34; 336-38. In
December 2001, the United States-led military campaign removed the Taliban from control of
Afghanistan'S national government. fd. at 337-38. Taliban and al-Qaida forces, however, have
continued to operate in Afghanistan and attack coalition forces.
16. Currently, two major military operations are underway in Afghanistan. First,
Operation Enduring Freedom (OEF) is a multinational coalition military operation, led by the
United States, initiated in October 200 I to counter terrorism and bring security to Afghanistan in
collaboration with Afghan forces. See www.stateigov/r/paJprs/ps/2006/60083.htm. OEF
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operations led to the collapse of the Taliban goverrunent and helped bring security and stability
to Afghanistan. Id. OEF involves troops from over 20 nations, including about 19,000 United
States forces and about 3,000 non-United States troops. Id. Second, the International Security
Assistance Force (ISAF) is a United Nations-mandated international coalition operating under
the command of the North Atlantic Treaty Organization (NATO). See
WWW.nato.intiisaf/index.html. ISAF was established in 2002 with the goal of creating conditions
for stabilization and reconstruction in Afghanistan. ISAF is comprised of approximately 50,000
troops from 40 countries. Id
Farhi was a Member of the Algerian Army where He Received Military Training
17. Farhi is an Algerian citizen, born in Cherchelle, Algeria. ISN 311 FD-302 (Jun.
12,2002). Farhi was conscripted into the Algerian Army in 1981 for approximately two years.
ld He received two months of basic training, which included training with Kalishnikov and
Seminov rifles. Id
Farhi Traveled Through Europe Using a False Passport
18. On or about July 14, 1989, Farhi entered France using his authentic Algerian
passport,2 Id The French customs office provided Farhi with a three month tourist visa,
although he had allegedly gone to France to reside and seek employment. Id; ISN 311 FD-302
(Oct. 10,2002). While in France, his Algerian passport expired; Farhi claimed that he discarded
it in the trash. Id He explained that he did so to avoid being deported ifhe was discovered with
an expired passport. Jd. Farhi claimed that he remained in France until approximately 1997. Id.
311 FD-302 (Jun. 12, 2002);_ he subsequently admitted that he entered France illegally and has no
trip. ISN 311 FD-302 (Jun. 27, 2002).
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 12 of 27
19. Farhi illegally entered Italy in 1997, allegedly to reside and seek employment.
ISN 311 FD-302 (Jun. 12,2002). While in Rome, Farhi purchased a French passport from
Algerian robbers for 100,000 Lira.) Id The passport was in the name of Oliver Jean Christian
Marie Joseph Bayart (hereinafter the "Bayart passport"). Id; ISN 311 FP-302 (Oct. 10, 2002).
Farhi claimed that he became a devout Muslim while in Italy. ISN 311 FD-302 (Jun. 12,2002).
He attended three mosques while in Rome: the Altawba Mosque on Cavour Street, the Alkhoda
Mosque in the Cento Celli Neighborhood, and another mosque in the Perioli Neighborhood. Id
Fruhi stated that none of these mosques preached jihad. Id
20. On or about January 7, 2001, Farhi flew to London using the Bayart passport.
ISN 3 II FD-302 (Jun. 12, 2002); ISN 311 FD-302 (Oct. 10, 2002). The passport displayed the
original picture, not Farhi's picture. ISN 311 FD-302 (Jun. 12,2002). Farhi explained that he
did not obtain a visa because one was unnecessary to enter England. Id Farhi claimed he
traveled to London at the encouragement of his friends in Italy, who advised him that England
was a better place to live than Italy. Jd. 4
21. As discussed below, Farhi then traveled from London to Afghanistan. Id.; ISN
311 FD-302 (Oct. 10,2002).
Farhi Attended the Finsburv Park Mosque, a Center for Terrorist Recruitment and Training
22. In London, Farhi attended the Finsbury Park Mosque six or seven times. Jd..
Farhi claimed he ended up at the Finsbury Park Mosque after he asked the local people where the
he went to England for work and higher pay. ISN 311 ARB Statement (Mar. 24,2005). He stated that if he wanted to create trouble, he would have gone from Italy to Afghanistan. Id
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 13 of 27
Arab community was, since he did not know anyone in London, and was told to take the London
Metro to Finsbury Park. ISN 311 FD-302 (Oct. 10,2002). Farhi b(1 )
b(1 )
b(1 ) ISN 31 I ARB Statement (Mar. 24, 2005); ISN 3 I I
ARB Statement (Mar. 26-27, b(1 )
b(1 ) b(2) ~.
23. The Finsbury Park Mosque was known to have been a "hotbed of radical Islam"
that, under the leadership of its former Imam, Abu Hamza aI-Masri, served as a "recruiting
center for jihadists for holy wars from Bosnia to Afghanistan." Craig S. Smith, "New Imam
CaBs for Help In Catching Bombers," New York Times, July 9, 2005. It has historically served
as both an attack planning and propaganda production base, and as a key recruitment and facility
for extremists associated with al-Qaida. Declaration nrlsDury Park Mosque
24. The Finsbury Park Mosque has been described as the place that the mujahideen
meet to go to fight. ISN.FD-302 (Mar. 30,2002). Numerous extremists from across Europe
transited through the Mosque while en route to fight in Afghanistan, Iraq, or other locations.
Finsbury Park Mosque Decl.
LenrUrts," has been linked to the Firisbury Park Mosque,
including Zacarias Moussaoui and Richard Reid .• Finsbury Park Mosque Dec!.
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25. Farhi met with an Egyptian by the name of-..,.hile attending the Finsbury
Park Mosque. ISN 311 FD-302 (Jun. 12,2002); ISN 311 FD-302 (Oct. 10,2002). It is highly
probable that "is the Farhi described _as the
leader ofthe larger of the two mosques at Finsbury Park. ISN 311 FD-302 (Jun. 12,2002).
According to
ISN 311 FD-302 (Jun. 12,2002); ISN 3 [I FD-302 (Oct. 10,2002). Farhi
b(1), b(6)
b(1), b(6) ISN 311
FD-302 (Oct. 10, 2002); b(2)
b(1 ) ISN 311 FD-302 (Jun. [2, 2002); b(2)
26. As the spiritual leader of the Finsbury Park Mo·squle,
was known to possess extreme views on some Islamic issues. See ISNII FD-302 (Feb. 21,
2002); Finsbury Park Mosque Dec!. ("AI-Qaida associate, and primary inman ofthe Mosque,
sought to incite hatred and violence at the [M]osque
until his detention in May 2004."). He produced video and audio recordings of his speeches and
was a vocal supporter of the Algerian Armed Islamic Group (GIA) killing civilians.6 ISN.
b(2)
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 15 of 27
FD-302 (Feb. 21, 2002).
"London Daily Mail, EUP 20050524099003 [0]. los:ses:sed a ten-volume
"Encyclopedia ofthe Afghani Jihad" which included instructions on how to make explosives and
identified the Statue of Liberty as a potential terrorist target. Don Van Natta, Jr., "British Jury
Finds Muslim Cleric Guilty ofInciting Murder," New York Times, February 7, 2006.
27.
Finsbury Park Mosque Dec!.; see ISN
.FD-302 (Feb. 21, 2002) (Detainee
the spiritual leader of the Finsbury Park Mosque,
_while fighting the Soviet military in Afghanistan.).
• detailed that
28. In February convicted in the United Kingdom on
II charges of soliciting murder and racial hatred by using his sermons to encourage followers to
kill non-Muslims. Don Van Natta, Jr., "British Jury Finds Muslim Cleric Guilty ofInciting
Murder," New York Times, February 7, 2006.
29. Approximately two weeks after arriving in London, Farhi met a
Moroccan, at the Finsbury Park Mosque. ISN 311 FD-302 (Jun. 12,2002); ISN 311 FD-302
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 16 of 27
(Oct. 10, 2002). Farhi claimed tha~ecommended that Farhi attend the Baker Street
Mosque in London.7 ISN 311 FD-302 (Oct. 10,2002).
30. Farhi frequented the Baker Street Mosque in London. ISN 311 FD-302 (Jun. 12,
2002); ISN 311 FD-302 (Oct. 10,2002). Farhi
_ISN 311 FD-302 (Jun. 12,2002); b(2)
31.
b(1 )
Farhi was Recruited to Travel to Afghanistan
32. Farhi traveled to Afghanistan in July 2001. Although Farhi repeatedly stated, as
detailed below, that he traveled to Afghanistan to marry a Swedish woman, his travel pattern is
consistent with that of other Muslim Algerians who were recruited through the Finsbury Park
Mosque to travel to Afghanistan for jihad-related training. In addition, despite the extensive
efforts Farhi took to travel to Afghanistan, he never learned the name or identity of the Swedish
woman. ISN 311 FD-302 (Oct. 10,2002). Farhi also never learned of any additional specifics
of the woman, including her age or address in Afghanistan. Id He claimed that he was told that
Arabs in Afghanistan would introduce him to her. ISN 311 ARB Statement (Mar. 28, 2005).
33. Farhi, b(1). b(6)
b(1), b(6)
7 According to Farhi_claimed that the food at the Baker Street Mosque was good and cheap. ISN 311 FD-302 (Oct. 10,2002). 8 Farhi stated he had no knowledge as to whether the Baker Street prayer group in London was being run by a Palestinian cleric who had been named by the United Nations as a terrorist suspect and whose assets had been frozen. ISN 311 ARB Statement (Mar. 26-27, 2007).
11
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See e.g., Id.; ISN 311 FD-302 (Jun. 12,2002); ISN 311 FD-302 (Oct. 10,2002);
ISN 311 FM40 (Sep. 9,2003); b(2) Farhi has
explained that such a practice was popular among Algerians in England - they would marry
British citizens to obtain legal residency and then file for divorce. ISN 311 FD-302 (Jun. 12,
2002). He claimed that this was the sole reason for his trip to Afghanistan. ISN 311 FD-302
(Oct. 10,2002).
-34. _provided Farhi with a fraudulent Pakistani visa to travel to Pakistan, paid
for his ticket, and informed him to meet with a Moroccan by the name of living in
Islamabad.9 ISN 311 FD-302 (Jun. 12, 2002); ISN 311 FD-302 (Oct. 10, 2002). On or about
June 2 or 3, 2001, Farhi flew from Heathrow Airport in London to Islamabad, Pakistan. ld
Farhi traveled with the Bayart passport, 10 the fraudulent Pakistani visa, 250 British pounds, and
an open ended ticket. ld
35. Upon arriving in Islamabad, Farhi met wit~and an unidentified
Pakistani male, and stayed for a week. ISN 311 FD-302 (Jun. 12,2002).
Farhi claimed that _ knew about his pending meeting with the Swedish woman. ld
Farhi traveled to Peshawar, Pakistan, and met up with an
Afghani or Pakistani. ld __ paid for the taxi trip from Islamabad to Peshawar. ISN
9 Fa~hi later claimed that the Pakistani visa that_brought him was a real one, not a fake one. See ISN 311 ARB Statement (Mar. 26-27, 2007). 10 At some point while in London, Farhi attempted to alter the Bayart passport by replacing the original picture with a picture of himself. ISN 311 FD-302 (Jun. 12,2002). According to Farhi, he coincidentally encountered a friend from near the Finsbury Park Mosque who took him to a Sudanese man by the name with expertise in forging passports. ld_ took the passport for several hours a picture of Far hi to it. ld Th~s shoddy however, and it was apparent Farhi's picture on the passport wa~ a forgery. Id ~equested 100 British pounds for the job, but Farhi only paid him the 20 British pounds he had on his person. ld
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311 FD-302 (Oct. 10,2002). Farhi paid British pounds. Id.; ISN 311 FD-302
(Jun. 12,2002).
36. Approximately four days later, Farhi trave:led by_ automobile to a village near the Afghani border. ISN 311 FD-302 (Jun. 12,2002).
Approximately two or three days purchased a 4x4 Mazda Truck, which
and Farhi drove into the mountains until the pass required them to walk. Id.; ISN 311 FD-302
(Oct. 10, 2002). They then walked across the border into Afghanistan and, because they were
never confronted by anyone, they were not required to show any papers. Id. After arriving in
Afghanistan they traveled by taxi to an Algerian guesthouse in the Arab area of Jalalabad,
Afghanistan. Id. Farhi could not explain where the taxi came from nor how they located it. ISN
311 FD-302 (Oct. 10,2002). Farhi claimed the guesthouse was run by a man named. _II who Farhi has described as an Arab and an Algerian. Id.; ISN 311 FD-302 (Jun. 12,
2002). _ubsequently returned to Pakistan. ISN 311 FD-302 (Jun. 12,2002).
37. Farhi could not explain why~as willing to assist him getting into
Afghanistan. ISN 311 FD-302 (Oct. 10,2002). Farhi stated that_did not know about the
Swedish woman. 12 ISN 311 FD-302 (Jun. 12,2002). Farhi did give_50 British pounds
upon his departure. Id.
38. b(1), b(2), b(6)
(Oct. 10, 2002) consistency and to
nalTative will refer to this individual as In a subsequent interview, Farhi
ISN 311 FD-302 (Oct. 10,2002). about the Swedish woman.
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 19 of 27
b(1), b(2), b(6) ISN.,M40 (Oct. 6,
to Afghanistan for jihad-related training. ISN_
FM40 (Oct. 27, 2004). ~ssisted him with the travel by forging his passport and
providing him the name of a hotel and a contact number once he arrived in Islamabad. Id.; ISN
_FM40 (Oct. 6, 2004). The contact turned out to be a man nanned
proceeded to travel with_o the Algerian guesthouse in Jalalabad. ISN _M40
(Oct. 27, 2004).
39. Likewise, detainee A6 A2 took a similar,
indirect route to Afghanistan. ISN.M40 (Oct. 11,2002).
Id.
Id. _
_ Id. One of the individuals provided instructions for _s travel to Afghanistan.
ld. Pursuant to those ins·tru,~ticlns, "VC;lC;U to Islamabad, Pakistan, where he met up
with a man named~ho to the Algerian guesthouse in Jalalabad,
Afghanistan. ld.
40. b(1), b(2), b(6)
b(1), b(2), b(6) ISN.FD-302 (Mar. 30, 2002);.
b(2) ISN.stated that if an Algerian wanted to go to Afghanistan, that person would
travel by plane from Algeria to France, change their passport and travel documents at a place
named Barbess in Paris, and then fly to London. ISN .FD-302 (Mar, 30,2002). That person
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 20 of 27
would then go to the Finsbury Park Mosque and see an individual by the name of_who
would handle any necessary paperwork, including changing passports and obtaining Pakistani
visas. Id The individual could then travel by train to Afghanistan. Id
41. Farhi claimed that he waited two weeks after arriving at the Algerian guesthouse
to ask~bout the Swedish woman because he was embarrassed. 13 ISN 311 FD-302 (Jun.
12, 2002); se , b(2) b(1), b(6)
b(1), b(6) This is the first time Farhi indicated that he was embarrassed about
the Swedish woman, even though he already had traveled from England to Pakistan using a
fraudulent passport and visa, had received a paid ticket for his trip from _ and had received
the assistance of~~o cross into Afghanistan and to arrive at the Algerian
guesthouse in Jalalabad. According to Farhi_informed him that the Swedish woman had
just left Jalalabad. ISN 311 FD-302 (Jun. 12,2002); ISN 311 FD-302 (Oct. 10,2002). Farhi
stated that he remained in the area to await the Swedish woman's return. ISN 311 FD-302 (Oct.
10,2002).
42. b(1), b(6)
b(1), b(6) b(2)
b(2) claiming instead that the guesthouse was run by _ ISN 311 FD-302 (Jun.
statement IS Oh\IIOl"
scussed _ See, e.g., ISN 311 FD-302
He also denied staying in an Algerian safe house in was at a he rented with an Algerian roommate. ISN 311 ARB
Statement (Mar. 26-27, 2007); ISN 311 ARB Statement (Mar. 24, 2005).
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 21 of 27
12,2002); ISN 311 FD-302 (Oct. 10,2002) b(1), b(6)
b(1), b(6)
b(1), b(6) ISNgFM40
(Oct. II, 2002); b(2) b(2)
43. As exemplified above in the case o~Muslim Algerians who were
recruited through the Finsbury Park Mosque were often taken to the Algerian guesthouse in
Jalalabad. ISN_M40 (Oct. 11,2002). _has described the Jalalabad guesthouse as
being run by_Id. b(1), b(2), b(6)
b(1), b(2), b(6) Jd.; b(2)
personal items to a man nanned
_gave his passport and other
who was responsible for holding everyone's
personal items. ISNgrM40 (Oct. 11,2002).
44. b(1), b(2), b(6)
b(1), b(2), b(6) 15
b(2) 16
45. b(1), b(2), b(6)
b(1), b(2), b(6) b(2) b(1), b(2), b(6)
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 22 of 27
SECRETIINOFORN
b(1), b(6)
46. Detainee A6 A2 identified Farhi as being at the Algerian
guesthouse in Jalalabad, Afghanistan in August 2001. ISN gFM40 (Ju!. 9, 2004). ISN.
could not remember Farhi's name and did not know how long Farhi was at the house. ld
47. b(1), b(2) b(1), b(2)
b(1), b(2) 17 b(2) b(1), b(2)
b(1), b(2)
b(1), b(2) " ld
48. b( 1), b(2), b(6)
b(1), b(2), b(6) 19 b(2) b(1), b(6)
49. b(1), b(2), b(6)
b(1), b(2), b(6)
h(l) h(2) ~(n)b(2) b(1), b(6)
17 The Derunta training complex was located approximately. 15 miles from lalalabad, Afghanistan. Terrorist Training Camps Dec!. The complex was a set of advanced Llj~"'111111
. warfare ~~~
l'V"OW"~ "'~"'''v''o for the Algerian guesthouse in Jalalabad. ISN
9 b(1), b(2) b(1),b~ b~)
b(1 )
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 23 of 27
b(1), b(6)
50. Farhi did admit tha~aid for all his food, although he gave_20 British
pounds upon his eventual departure. ISN 311 FD-302 (Oct. 10, 2002).
51. b(1), b(2) Farhi b(1), b(2)
b(1), b(2)
b(2) b(1), b(2)
b(2) b(1), b(2)
b(1), b(2)
b(l), b(2) Id.
b(l), b(2)
b(1), b(2) ISN_M40 (Oct. 29, 2004);.-
b(2) Upon arriving in Kandahar, they went directly to the Kandahar guesthouse. ISN
~M40 (Oct. 29, 2004).
52. Farhi stated that he traveled to Kabul, Afghanistan, with a man he lived with and
met at the Algerian guesthouse by the name 311 FD-302 (Oct. 10,2002).
Farhi claimed they traveled there because the Swedish woman did not return and it was cooler in
Kabul. Id. One and a half months later they traveled to a small, unknown village described as
being on the road to Bagram. Id. In the village, Farhi met a friend o~ nanned
.who had horses, and Farhi claimed he spent time with the horses. Id
b(2) b(2)
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 24 of 27
SECRETlfNOFORN
53.
b(1 ) ISN 311 ARB Statement
(Mar. 24, 2005); ISN 311 ARB Statement (Mar. 28, 2005); b(2) He
also claimed that he has not touched a weapon since his military training in Algeria. ISN 311
ARB Statement (Mar. 28, 2005); ISN 311 ARB Statement (Mar. 26-27, 2007).
54. Farhi claimed that, while passing by with a friend, he saw Usama bin Laden
shortly after September 11, 200 I, attending a funeral on the outskirts of Kabul. ISN 311 FD-302
(Jun. 12,2002). Farhi subsequently stated that he did not see bin Laden, but rather that he heard
from others that bin Laden might be attending the funera1.21 ISN 311 ARB Statement (Mar. 24,
2005); ISN 311 ARB Statement (Mar. 28, 2005); ISN 311 ARB Statement (Mar. 26-27, 2007).
55. Farhi has claimed that he did not carry weapons in Afghanistan and that he is
against fighting. ISN 311 FD-302 (Oct. 10,2002); ISN 311 ARB Statement (Mar. 28, 2005);
b(1 ) Since being captured, Farhi has described "jihad" as a defensive act.
ISN 311 FD-302 (Oct. 10, 2002)?2 He has criticized the September 11, 2001 attacks, bin Laden,
and al-Qaida. Jd He also claimed that he never heard of al-Qaida until after September II and
has described it as a "platform" or "foundation." Id; ISN 311 ARB Statement (Mar. 28,2005);
21 Farhi claimed that he first saw Usama bin Laden in a wanted poster. ISN 3] 1 ARB Statement (Mar. 26-27, 2007). Farhi does not that event occurred. 22 Farhi has also claimed and~ever discussed jihad. ISN 311 FD-302 (Oct. 10,2002). discussed jihad, military training, or weapons with him. Id
19
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 25 of 27
ISN 311 ARB Statement (Mar. 26-27, 2007) b(1 )
b(2) b(2)
56. .... b(1 )
b(2)
57. Following the terrorist attacks on the United States on September II, 2001, the
United States and allied forces began their military campaign in Afghanistan against a1-Qaida
and the Taliban in early October 2001. See 9111 Commission Report at 337-38. Airstrikes
against al-Qaida targets in Afghanistan began on October 7, 2001. Id. at 337.
_ Declaration o~n Tora Bora ~Decl.).
Dec!.
58. . Tora Bora is the name of a cave complex in the White Mountains of eastern
Afghanistan at the border of Nangarhar, Afghanistan, and Parachinar, Pakistan. ~Decl.
This cave complex was built in the early 1980s to support mujahideen forces that fought against
the Soviets. Id. Usama bin Laden used the cave complex at Tora Bora as his headquarters in the
1990s. Id.
59. b(1), b(2)
b(2) b(1), b(2)
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 26 of 27
b(1), b(2)
60. In an interview conducted at Guantanamo Bay, Farhi was asked if he knew of any
future plans to attack the United States. ISN 311 FD-302 (Jun. 12,2002). Farhi b(1 )
b( 1 ) fd. b(2) When asked about his level, Farhi stated that
he was only in Afghanistan to improve his way of life. ISN 311 FD-302 (Jun. 12, 2002).
Farhi's Arrest and False Statements
61. On or about November 19, 2001, Farhi claimed that he returned to the Algerian
guesthouse in Jalalabad with several Afghanis. ISN 311 FD-302 (Jun. 12,2002). He stayed at
the Algerian guesthouse for approximately three weeks and then fled Jalalabad with other Arabs
in a truck. fd.; ISN 311 FD-302 (Oct. 10, 2002). They eventually arrived in Pakistan and stayed
in a village for approximately 16 to 18 days until the Pakistanis turned them over to the Pakistani
police. ISN 3 I I FD-302 (Jun. 12,2002). Farhi used the alias "Abdullah" while he was in
custody with the Pakistanis. fd. While being transported in custody, Farhi was involved in a
vehicle wreck. fd. Farhi was injured and taken to the house of a Pakistani male. fd. Eventually
he was picked up by the Pakistani police, who took him back to the police station and then the
hospital. fd. According to Farhi, the police left behind, at the Pakistani male's house, a bag that
contained his personal items, which included his passport. fd.; ISN 311 FD-302 (Jun. 27, 2002).
62. At the hospital, Farhi told Pakistani police he was a Frenchman named "Bayart."
ISN 311 FD-302 (Jul. 27, 2002). He also told them his name was "Abdullah." fd. According to
Farhi, he used the Bayar! passport while in the hospital. ISN 311 FD-302 (June 12,2002). That
would appear to be inconsistent with his statement that he last saw the Bayar! passport at the
home of the Pakistani man who assisted him at the accident scene. fd.; ISN 311 FD-302 (Jul. 27,
Case 1:05-cv-01347-GK Document 209-1 Filed 07/29/09 Page 27 of 27
2002).23
63. Farhi was subsequently interviewed by Americans. ISN 311 FD-302 (Jun. 12,
He later admitted that he lied to his
original interrogators because he hoped to be repatriated to France, rather than Algeria.24 ISN
311 FD-302 (Jui. 27,2002).
Conclnsion
For the reasons described above and in the attached exhibits, among others, Farhi is
lawfully detained by the United States.
22 ,...B8M1iIfiIIl!l4@"J<1!)jRN'"
ISN 311 FD-302 (Jui. 27, 2002).